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Last Revised: 25th August 2021
The following terms and conditions (the “Terms of Use”) govern your use of bitholla.com and govern any software or other content made available by bitHolla Inc. (“bitHolla” or “we” or “us”) through bitholla.com (the “Site”) or any other publicly available source code repository.
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BITHOLLA. BY USING THIS SITE OR ANY SOFTWARE OR OTHER CONTENT MADE PUBLICLY AVAILABLE THROUGH A SOURCE CODE REPOSITORY BY BITHOLLA (THE SITE AND SUCH SOFTWARE AND OTHER CONTENT ARE COLLECTIVELY, THE “BITHOLLA CONTENT AND SOFTWARE”), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE BITHOLLA CONTENT AND SOFTWARE.
1. Modifications to Terms of Use
bitHolla reserves the right to change or modify these Terms at any time in its sole discretion and without prior specific notice to you. bitHolla will change the “Last Revised” date at the top of these Terms when such changes or modifications are made, which shall be effective immediately. Your continued use of the Website will indicate your acceptance of such changed or modified Terms.
bitHolla reserves the right, in its sole discretion, to modify, suspend, or cancel the Website or any portion of the Website or Services without prior notice to you, and to block or prevent your future access to, and use of, the Site.
2. Intellectual Property and Trademarks
This Site contains copyrighted material, trademarks and other proprietary material belonging to bitHolla, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files and the Services (collectively, “Proprietary Material”). As between you and bitHolla, you should assume that everything you see or read and everything available on this Site is Proprietary Material owned by bitHolla and protected by these laws. You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of bitHolla.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered, used by bitHolla on the Site (collectively the “Marks”) are proprietary to bitHolla or their respective owners. You shall not use, display or reproduce the Marks without the prior written consent of bitHolla, and you shall not remove or otherwise modify any trademark notices from any Proprietary Material.
3. Restrictions on Use
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of bitHolla. You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
4. Disclaimer of Warranties
BITHOLLA CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITHOLLA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE BITHOLLA CONTENT AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED ACCESS, CORRECTNESS, THOROUGHNESS, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
5. Limitation of Liability
NEITHER BITHOLLA NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF BITHOLLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE BITHOLLA CONTENT AND SOFTWARE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE BITHOLLA CONTENT AND SOFTWARE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Indemnification
You agree, at your expense, to indemnify, defend and hold harmless bitHolla and its officers, members, managers, employees, agents, suppliers, licensors and representatives from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, arising out of your use of the bitHolla Content and Software. In connection with any such claim, bitHolla reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with bitHolla's defense of such claim.
7. Other Agreements
Certain software, other content and services offered by bitHolla may be governed by separate written bilateral agreements with individuals or entities (“Definitive Agreements”), and such Definitive Agreements (and not these Terms of Use) shall govern in all cases with respect the subject matter of those agreements. Terms of Use are not intended to supersede the applicable open source license.
8. Governing Law
The validity, interpretation and performance of, and any dispute arising under, these Terms of Use shall be governed by the laws of Republic of Korea.
9. Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and bitHolla as a result of these Terms of Use, or your use of the bitHolla Content and Software. These Terms of Use constitute the entire agreement between you and bitHolla with respect to the bitHolla Content and Software.